Latest news with #Nikahnama
Time Business News
14-07-2025
- General
- Time Business News
How Pakistani Law Supports Women Seeking Marital Separation
In Pakistan, a Muslim woman has the legal and religious right to seek separation from her husband through a process known as Khula procedure in Pakistan. This right is recognized under both Islamic law (Shariah) and Pakistan's family court system. Unlike Talaq, which is a divorce initiated by the husband, Khula empowers women to take legal steps to end a marriage that has become emotionally, physically, or spiritually harmful. Khula is not just a legal formality—it is a safeguard for women who are living in unhealthy marital environments and no longer feel secure, supported, or emotionally connected in the relationship. While Islamic teachings stress reconciliation, they also allow women the option to walk away from oppression or conflict when necessary. Islamic law gives women the right to seek separation when their marriage fails to fulfill the purpose of mutual peace and companionship. In Pakistan, this right is supported by the Family Courts Act of 1964, which allows a woman to approach the court and request the dissolution of her marriage on valid grounds. The legal foundation of Khula is based on the understanding that forced or unhappy marriages contradict the spiritual values of Islam. Therefore, when a woman is unable to live with her husband within the boundaries set by Allah (as mentioned in the Holy Quran), she can file a Khula petition in the Family Court. The judge examines the circumstances and, if satisfied, grants Khula Pakistan family law. The Khula process requires court involvement because the dissolution is not initiated by the husband, and the legal system must ensure that both parties are heard, rights are protected, and the Islamic obligation of returning Haq Mehr (dower) is fulfilled where required. A Muslim woman seeking separation must follow a series of legal steps through the family court. The process involves paperwork, legal representation, court hearings, and sometimes negotiation. Here are the key steps involved: Hire a family lawyer who specializes in Khula and family law matters who specializes in Khula and family law matters Draft and file a Khula petition in the Family Court with clear reasons for separation in the Family Court with clear reasons for separation Provide supporting documents , including the Nikahnama, CNIC copy, and proof of mistreatment (if any) , including the Nikahnama, CNIC copy, and proof of mistreatment (if any) Attend court hearings , where both the wife and husband may be asked to appear , where both the wife and husband may be asked to appear Return of Haq Mehr may be required if the court finds it necessary may be required if the court finds it necessary Receive the Khula Decree once the court is convinced that reconciliation is not possible once the court is convinced that reconciliation is not possible Submit the decree to the Union Council, which will issue a Court marriage law in Pakistan after a 90-day period Filing for Khula is not just a legal procedure—it often involves emotional and social challenges for the woman. In many cases, women may face pressure from family members, community stigma, or emotional trauma. However, seeking legal help and understanding one's rights can empower women to make the right decision for their well-being. Legally, once the Khula process in Pakistan is issued, the woman is free from the marital bond and can move forward with her life. Socially, she may need support from family or legal aid groups to adjust to post-divorce realities. From a religious point of view, Islam encourages justice and dignity, and Khula is a means of restoring both in cases where the marriage becomes unbearable. Women who take this step often report feeling emotionally relieved, spiritually stronger, and mentally free from prolonged distress. With the support of the legal system and a reliable lawyer, the journey toward self-respect and peace becomes smoother and more accessible. The court process, documentation, and legal obligations involved in Khula can be complex. Without proper guidance, women may face unnecessary delays or miss important legal requirements. This is where the role of an experienced family lawyer becomes essential. A skilled lawyer can: Ensure all documents are prepared and submitted properly Represent the woman in court to make her case stronger Advise on issues like child custody, Haq Mehr, and dowry return Help with the post-decree formalities like Union Council processing Protect the legal rights of the woman during and after separation Legal professionals also help ensure that the Khula Pakistan family law and Unmarried certificate in Pakistan is treated with fairness and dignity throughout the court proceedings. In many cases, a lawyer also serves as an emotional support system, helping the client understand what to expect and how to handle the challenges of separation. Q1: Can a woman get Khula without the husband's permission? Yes, she can. The court does not require the husband's consent to grant Khula. Q2: How long does the Khula process take in Pakistan? Usually between 2 to 4 months, depending on whether the husband contests the case. Q3: What happens if the husband refuses to appear in court? The court can proceed in his absence if he has been properly notified and still does not attend. Q4: Is it mandatory to return Haq Mehr? Yes, in most cases, the wife is required to return Haq Mehr, unless the court decides otherwise. Q5: Can a woman get custody of children after Khula? Yes, child custody is decided separately based on the welfare of the child. Mothers often get custody of younger children. Q6: Can overseas Pakistani women file for Khula? Yes, they can authorize a lawyer in Pakistan through a Special Power of Attorney. TIME BUSINESS NEWS
Express Tribune
27-06-2025
- Politics
- Express Tribune
SC calls for review of Nikahnama form
Listen to article The Supreme Court has asked the federal government as well as the provincial governments to review the 'Nakahnama form' in order to make it user-friendly, effectively safeguarding the rights of the parties, particularly the women. A three-member bench of the apex court, led by Justice Syed Mansoor Ali Shah, noted that without reviewing the Nikahnama form as a whole, the positive step taken by the Punjab government might not achieve the intended goal of protecting the rights of women. The Nikahnama form has been prescribed in the Ordinance of 1961 and notified as part of the schedule of the Rules of 1961. However, the federal government is empowered to make rules in respect of the cantonment areas and the provincial governments in their respective areas of jurisdiction. According to a 22-page judgment, authored by Justice Athar Minallah in a family dispute case, the expressions used in the current Nikahnama form were ambiguous and, therefore, open to be misconstrued. The judgment said that the federal and the provincial governments might consider reviewing the Nikahnama form "to make it more user-friendly", so that "even a literate person of ordinary prudence does not have difficulty in understanding its requirements" and the columns. The judgment stressed the need for removing the "ambiguities likely to arise from the vague and ambiguous expressions used in the headings of the columns in the form currently prescribed" under the Ordinance of 1961, read with the Rules of 1961. "This would not only protect the rights of the parties in general and the women in particular but would also reduce litigation since a more user-friendly prescribed form of the Nikahnama will give rise to lesser disputes," the judgment said. The court noted that Nikah might also be solemnised by a person other than a Nikah registrar. However, it stated that the integrity, competence, knowledge and understanding of the Nikah registrars were crucial for effectively safeguarding the rights of the parties, particularly the women. In the province of Punjab, the judgment continued, the Act of 2015 imposed a statutory upon the Nikah registrar to accurately fill all the columns of the Nikahnama with specific answers of the bride and the groom. The court said that a breach of this statutory duty exposed a Nikah registrar to penal consequences ie imprisonment for up to one month and a Rs25,000 fine. It added the purpose was to protect women from exploitation and provide them with expeditious resolution of family disputes and ancillary matters. "The legislature [Punjab Assembly] was, therefore, conscious of the challenges faced by women in the context of exercising their rights relating to settling the terms and conditions of marriage," Justice Minallah wrote. "The Act of 2015, through which sub-sections (2A) and (4)(i) were inserted in Section 5 of the Ordinance of 1961, was definitely appreciable in securing the rights of the parties, particularly the women, keeping in view the social and cultural norms prevalent in many parts of the country," he said. The court also said that it was indeed a step in the right direction in order to reduce the number of disputes and consequently the volume of litigation as well. "However, we are of the opinion that without reviewing the prescribed form of the Nikahnama as a whole, particularly the expressions used in the headings of the columns, this positive step taken in the province of Punjab may not achieve its intended goal of protecting the rights of women in particular." The Nikah registrars, the judgment stated, had the most important role in ensuring that each party exercised her or his rights and that the entries recorded in a Nikahnama correctly reflected their intention. "It is a statutory duty of each Government to guide the Union Councils in setting out adequate qualifications and criteria for the granting of licences to persons for performing the functions of Nikah registrars," it stated. "Moreover, training and evaluation of performance of those who have been licensed would further guarantee that the social or cultural norms and influences do not prevail over the absolute rights bestowed upon women under the law," it added. "The Governments may also consider taking steps to ensure that persons of integrity and those who possess the required qualification and knowledge are granted licences and regular audits of the record relating to Nikahnamas maintained by the Union Councils are conducted." The court directed the Registrar Office to send copies of this judgment to the cabinet secretary, government of Pakistan, and the chief secretaries of the respective provinces so that they might place it before the competent authorities and forums for considering the observations. The court expected that effective steps would be taken to ensure safeguarding the rights of the parties to a marriage contract, particularly the bride, who might be more vulnerable on account of multiple factors, including the cultural and social norms and beliefs.
Business Recorder
27-04-2025
- General
- Business Recorder
Divorce and dower payment
EDITORIAL: Divorce almost is always a nasty affair, and can get even nastier where financial obligations are involved. The Nikahnama (marriage contract certificate) contains a column in which the husband can delegate the right to divorce to the wife. Seen as inauspicious, this provision is generally invalidated. The wife has the right to divorce as Khula, however. Entered in the marriage certificate is also the amount of dower money, to be determined according to the husband's means of income, a bulk of which may be deferred payment. It is quite common for the wife or her family to demand a much higher sum as an insurance policy for her financial and marital security. That though, may yet lead to a gruelling legal battle in the event a woman wants to seek Khula. The Lahore High Court has been hearing one such case after a man challenged the decisions of the Sahiwal district courts favouring his former wife. In a substantive ruling on the issue delivered last Saturday, Justice Raheel Kamran upheld a woman's right to recover her full deferred dower even after obtaining a divorce through Khula. Under Islamic law and the Nikahnama, said the learned judge, the husband remains obligated to pay dower unless the wife seeks dissolution of marriage simply because she dislikes him, losing the right to deferred as well as prompt dower. This is only fair. But the mere fact that the wife sought Khula does not automatically nullify this contractual obligation, explains the court verdict, the key consideration to determine the woman's entitlement is the reason for her seeking Khula. If the husband's conduct compels the wife to seek dissolution, she retains her entitlement to the deferred dower. It needs to be said that many women stay in abusive marriages for fear of social stigma. And those opting out in extreme circumstances, more often than not, avoid stating the real reasons that must stand scrutiny in court. In the instant case, however, the wife obtained the decree for dissolution of marriage citing the husband's bad behaviour and disrespectful conduct towards her in nine years of marriage. These unchallenged allegations, observed Justice Kamran, amounted to cruelty and provided a strong justification for the respondent/wife to be entitled to the full amount of her deferred dower in the same way as she would have been in case of divorce pronounced by the petitioner. The same principle applies to return of dower from an ex-wife. In this context, justice Kamran referred to a Federal Shariat Court judgment that also held that where a wife seeks Khula due to fault on the part of the husband by providing reasonable justifications, it is not valid to require from her the return of the dower already received by her. These rights and protections Islam gives Muslim women must be respected by all. Copyright Business Recorder, 2025
